Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Edith Cowan University

Theses/Dissertations

2004

Articles 1 - 6 of 6

Full-Text Articles in Law

Can Anybody Own The Internet? : Microsoft, Open-Source And The Debate About Intellectual Property, Greg Stratton Jan 2004

Can Anybody Own The Internet? : Microsoft, Open-Source And The Debate About Intellectual Property, Greg Stratton

Theses : Honours

The Internet has become one of the most important mediums of communication and information in modem society. For many, the rapid adoption of these technologies into mainstream society has been combined with a reliance on commercial software, most notably the Microsoft Corporation's Windows operating system. Question arise out of the commercial dominance in a realm that until recently was characterised by the collective sharing of information and ideas. Although there is a lack of established sociological literature in this field, established literature on ownership, global capital, political economy and social exclusion have been identified and drawn upon to fill this …

Go to article

Child Custody Disputes: Bridging The Gap Between Psychologists And Family Court, Kate Pratsides Jan 2004

Child Custody Disputes: Bridging The Gap Between Psychologists And Family Court, Kate Pratsides

Theses : Honours

The number of divorce cases that come before judges and registrars within the Family Court system is steadily increasing, and so is the use of psychologists as expert witnesses. However, little is known about what the judges and registrars think of the psychologist's use of psychometric test results when writing their forensic report, this study attempts to answer that. This thesis is presented in two sections. The first is a literature review of guidelines that are available to psychologists when writing a forensic report. These guidelines include (1) broad guidelines provided by professional associations, such as the American Psychological Association; …

Go to article

Mental Disorder Labelling As An Extralegal Variable In Mock Jury Deliberations, Kristin B. Wallengren Jan 2004

Mental Disorder Labelling As An Extralegal Variable In Mock Jury Deliberations, Kristin B. Wallengren

Theses: Doctorates and Masters

Previous research has shown that a number of characteristics of trial participants (extralegal variables) can and do influence juror’s judgements. This is of importance as only the legally relevant facts of the case should be considered during a trial. The present study investigates the influence of victim characteristics on the juror decision making process during deliberation and the judgements made about the victim, crime and defendant in a mock jury setting, as well as investigating mock juror gender differences. A representative sample of people eligible for jury duty in Western Australia viewed a video vignette depicting a trial, in which …

Go to article

Mock Jurors' Judgements Of The Victim, Crime And Defendant As A Function Of Victim Race And Deliberation, Lynley V. Poli Jan 2004

Mock Jurors' Judgements Of The Victim, Crime And Defendant As A Function Of Victim Race And Deliberation, Lynley V. Poli

Theses: Doctorates and Masters

Extra-legal variables are factors within a trial that are logically irrelevant to the determination of a verdict. They are deemed extra-legal they are extra to the law and are not prescribed in the relevant statutes upon which the relevant issue must be decided. Research investigating judicial decision-making, however, demonstrates that extra-legal variables often affect jurors' judgements and improperly influence their decision-making. Examples of extra-legal variables include the personal attributes of trial participants, e.g., the victim's physical attractiveness, socio-economic status, and age. Studies conducted in North America indicate that the race of the victim and defendant inappropriately influences jurors' decision-making. However, …

Go to article

An Exploration Of The Impact Of The Family Court Process On 'Invisible' Stepparents, Natalie Gately Jan 2004

An Exploration Of The Impact Of The Family Court Process On 'Invisible' Stepparents, Natalie Gately

Theses : Honours

The increase of divorce in Australia is creating a social phenomenon for family researchers. Many families resolve disputes regarding children in the Family Courts, however due to the protracted litigation process many partners will have repartnered. Little is understood about how bureaucratic systems impact upon the experience of stepparents. These decisions might very well impact on the stepparents own new lifestyle and relationship, placing an additional burden on themselves and the stepfamily. The purpose of this review is to explore the literature pertaining to the issues surrounding repartnering and the Family Court process in order to illustrate how this invisibility …

Go to article

The Alternative Vote : In Theory And Practice, Vanessa Beckingham Jan 2004

The Alternative Vote : In Theory And Practice, Vanessa Beckingham

Theses : Honours

The idea of choosing political representatives through elections has its origins in ancient times. More recently, democratic values have been united with the concept of elected representative government. This then places a great deal of importance on the system used to elect these representatives, since this system must satisfy an impressive range of democratic values, as well as being effective and simple enough for the voter to understand. The electoral system chosen will reflect those values and outcomes which those who introduce the system wish to bring about. Sometimes this may be proportional representation, which means seats allocated in direct …

Go to article